Matter of Inquiry Concerning Eads

362 N.W.2d 541, 1985 Iowa Sup. LEXIS 959
CourtSupreme Court of Iowa
DecidedFebruary 13, 1985
Docket84-1099
StatusPublished
Cited by18 cases

This text of 362 N.W.2d 541 (Matter of Inquiry Concerning Eads) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Inquiry Concerning Eads, 362 N.W.2d 541, 1985 Iowa Sup. LEXIS 959 (iowa 1985).

Opinions

UHLENHOPP, Justice.

This proceeding involves charges of violations of canons of judicial ethics by a district judge. See Iowa Const, art. V, § 19; Iowa Code §§ 605.26-.32 (1983); In re Matter of Harned, 357 N.W.2d 300 (Iowa 1984); In the Matter of Carstensen, 316 N.W.2d 889 (Iowa 1982). We examine the record de novo as in an equity appeal. Carstensen, at 891.

The determinative issues are largely factual, requiring us to relate the testimony quite extensively. The testimony discloses facts which are remarkably undisputed. We begin with the testimony which establishes beyond question that respondent William R. Eads, a judicial veteran of more than twenty years and chief judge of his district, is undeniably a jurist of integrity and competence. This was proven by testimony of judges who had personally served with him over extended periods of time and attorneys who had practiced before him. In 1982, however, an incident occurred [543]*543which set off a chain of events involving conduct by Judge Eads which was, as witnesses stated, entirely out of character for him.

Two principals are involved: Judge Eads and a young attorney, Robert M. Jilek, who is associated with the Cedar Rapids law firm of Simmons, Perrine, Albright & Ell-wood. Mr. Jilek engaged in trial work from the start as a vigorous advocate, and impressed respondent with his ability. The two struck up a friendship, had coffee together, and visited with each other at the YMCA where they both took physical exercise. They had a quite close relationship.

The first incident involving disharmony between these two individuals appears to have occurred in connection with the trial of Kester v. Bruns reported on appeal at 326 N.W.2d 279 (Iowa 1982). In his opening statement in that trial Jilek went beyond the testimony he could produce, opposing counsel moved for a mistrial, and Judge Eads overrruled the motion and held on subsequent motion for new trial that the statements were improper but did not affect the result the jury reached. We affirmed although we characterized the statements as at least reckless. In the present proceeding respondent described that occurrence as the first time he had some disenchantment with Mr. Jilek, “and it was appealed following the normal procedures, so I called him and told that he shouldn’t have done that and what is done is done.”

A marriage dissolution case handled by Jilek actually precipitated the breakdown of relations. We will refer to the married couple in that case by the fictitious names of George and Mary Brown, as their actual identity is of no moment in our present decision. George also was a young attorney, and house counsel for a corporation. Judge Eads had a quite close relationship with George similar to the one he had with Jilek; he had coffee with George, visited with him on various subjects, conversed with him at the YMCA, and belonged with him to a men’s monthly dinner club.

The Browns had a stormy marriage. Mary was just finishing a nursing course and had been promised a job as a nurse. She claimed that George so harassed her mentally and physically and made her life so hectic that she could not go on with her training and employment. In particular she feared he would physically abuse her and would remove items from the home that she needed in order to keep house for herself and the parties’ child.

In March 1982 Mary, accompanied by her mother, saw one of the Simmons Perrine partners about a marriage dissolution. The partner referred them to Jilek. Mary described the home situation to Jilek and told him of incidents of physical violence by George, including “serious fighting, minor injury to [Mary], threats and what she considered veiled threats against her, throwing across the kitchen of [Mary] by [George], throwing of [Mary] against a sink injuring her back, and forceful pushing and restraint of [Mary] by [George].” Mary made a number of other serious charges which we find no necessity to repeat.

Jilek commenced a dissolution action for Mary and sought a temporary injunction prohibiting George from committing physical violence and from removing personal property from the home. The application for injunction sketchily outlined the violence and Mary’s fear for herself and fear of removal of the property. Jilek obtained the injunction in ordinary course from another judge.

George claimed that Mary’s charges were untrue, and we of course do not decide where the truth lies in that dispute. George had previously conversed with Judge Ead« about the marital problems, and Judge Eads had suggested Jilek as an attorney for George. When Jilek instituted the dissolution suit George called Judge Eads and told him about it. Later George showed Judge Eads the dissolution papers. Judge Eads testified:

Q. Where did you first see them? A. I think it may have been in his office. I just swung by for coffee or something.
Mr. Story [commissioner]: Whose office?
Judge Eads: Mr. [Brown’s].
[544]*544Q. Now, when you saw those papers in his office, did you talk about them? A. I just told him that an injunction could be very harmful to your reputation, implying you are a wife-beater.

Shortly after that occurrence Judge Eads saw Jilek. He stated that Jilek had an injunction against Brown and contended Ji-lek had not adequately investigated the case and should have talked with Brown. He asked Jilek how he would like to have an injunction against himself. Jilek responded he hoped he would not deserve it, and Judge Eads said, well, of course, he did not know the whole thing.

About a week later Judge Eads called Jilek to his chambers. Jilek’s version of that occurrence was this:

A. Well, I’m not sure how much conversation in the sense of discourse, but Judge Eads said sit down, or I sat down in one of his chairs and he was red-faced as I mentioned, and shaking, and he said that he had seen the [Brown] file or papers; that he thought I was a “class guy” was the term I remember him using, and that he had read over the papers; that there had been a shoddy investigation; that there wasn’t a need for the injunction; that [George] wouldn’t do such things.
He called [George] his friend, good friend on at least three different occasions at that time; said that I was doing it solely because of fees, talked about the fact that this would hurt [George’s] job or affect his job and that lawyers and Judges have a capacity to hurt people; that the matter of the injunction was not looked into properly in connection with [George], hurting [George’s] job.
He said there is an unwritten Code among lawyers that they don’t take cases or do such things to lawyers, local lawyers; that this matter of an injunction wasn’t needed; that I hadn’t investigated it properly to find out if one was really needed; that [George] wasn’t that type of guy, and then dismissed me saying that he had calls to return and to leave the door open when I left.
Q. Now, Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

David James Hanson, Magistrate.
Supreme Court of Iowa, 2025
In the Matter of Douglas A. KRULL, Judicial Magistrate
860 N.W.2d 38 (Supreme Court of Iowa, 2015)
In Re the Inquiry Concerning Weaver
691 N.W.2d 725 (Supreme Court of Iowa, 2004)
In RE INQUIRY CONCERNING McMORMICK
639 N.W.2d 12 (Supreme Court of Iowa, 2002)
In re the Inquiry Concerning McCormick
639 N.W.2d 12 (Supreme Court of Iowa, 2002)
Titan Tire Corp. v. Labor Commissioner
637 N.W.2d 115 (Supreme Court of Iowa, 2001)
In Re the Inquiry Concerning Gerard
631 N.W.2d 271 (Supreme Court of Iowa, 2001)
State v. Veal
564 N.W.2d 797 (Supreme Court of Iowa, 1997)
Lopez v. General Motors Corp.
219 Mich. App. 801 (Michigan Court of Appeals, 1996)
Whitehead v. Nevada Com'n on Judicial Discipline
893 P.2d 866 (Nevada Supreme Court, 1995)
In Re O'Dea
622 A.2d 507 (Supreme Court of Vermont, 1993)
Matter of Inquiry Concerning Eads
362 N.W.2d 541 (Supreme Court of Iowa, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
362 N.W.2d 541, 1985 Iowa Sup. LEXIS 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-inquiry-concerning-eads-iowa-1985.